ORIGINAL
FIRST AMENDMENT TO LEASE AGREEMENT
Property Address: 1900 O'Farrell Street
San Mateo, California
This First Atendent to Lease Agreement (this "Amendment"), dated for reference purposes February 17, 2015, is incorporated into and made a part of that certain Standard Office Lease ("Lease Agreement, dated May 19, 2014 between Woodstock Development, Inc., a California corporation ("Landlord") and the City of San Mateo, a municipal corporation of the State of California ("Tenant" for that certain rea estate known and described as 1900 O'Farrell Street, Suites 320 and 380, in the City of San Mateo, County of San Mateo , State of California (the "Property").
In the event of any conflict between the terms of the Lease Agreement and the terms of this Amendment, the terms of this Amendment shall prevail.
...
RECITALS
WHEREAS, on of about May 19, 2014, Landlord and Tenant executed the Lease Agreement; WHEREAS, under the terms of the Lease Agreement the Premises consisted of approximately 5,975 rentable square feet, and further described as Suite 320 consisting of approximately 5,460 rentable square feet, and Suite 380 consisting of approximately 1,515 rentable square feet WHEREAS, Tenant wishes to expand the Premises to include that certain space commonly known as Suite 325, consisting of apptoximately 4,400 rentable square feet and surrender to landlord Suite 380 and landlotd is willing to grant Teriant's request.
WHEREAS, Tenant also wishes to extend the Term of the I case and Landlord is willing to grant such request.
!
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which ate hereby acknowledged, the parties hereto agree to amend the Lease Agreement as follows:
AMENDMENT TO LEASE AGREEMENT
1. Delined Terms: All defined terms as used in this Amendment shall have the same meanings as set forth in the Lease Agreement, unless otherwise set forth expressly herein.
2. Effective Date of Amendment: Upon the mutual execution and delivery of this First Amendment.
3. Surrendet of Suite 380. On ot befote February 27, 2015 (the "380 Sutrender Date"), Tenant shall sutrender Suite 380 to Landlot, in accordance with Paragraph 13.1 of the Lease Agreement.
4. Exclusive Temporary License. Landlord grants to Tenant an exclusive license (the "License") for access and storage of Tenant's futitute, fixtures, and equipment (the "FF&E") in the Gym Facility (the "Gym") located on the third (35) floor of the Building. The term of the License shall commence on Februaty 27, 2015 (the "Commencement Date") and expite on March 4, 2015 (the "Expiration Date").
Tenant shall store its FF&E in the Gym at its sole risk and Landlord shall not be liable to Tenant for any loss or damage to the FF&E, On or before the Expiration Date Tenant shall remove the BE&E from the Lease Amendment
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Gym and repair any damage caused by the stoting ox removal of the FF&E from the Gym. In the event that Tenant fails to timely surrender the Gym back to Landlord Tenant shall pay to Landlord the sum of $500.00 pet day until it surendets possession back to Landlord.
5. The Expansion Space - Suite 325.
7. Delivery of the Expansion Space. On or before April 1, 2015 (the "Delivery Date"), Landlord shall deliver to Tenant that certain space commonly known as Suite 325 consisting of approximately 4,400 rentable square feet (the "Expansion Space"). Landlord shall not be liable to Tenant or otherwise be in default under this Lease if Landlord is unable to deliver the Expansion Space to Tenant on the projected Delivety Date due to the failure of any other tenant to timely vacate and surrender to landlord the Expansion Space of any portion of it. Landlord agrees to use its commercially reasonable efforts to enforce its right to possession of the Expansion Space against such othet tenant. i. Early Access. If the Expansion Space is available on March 2, 2015, and so long as Tenant does not interfere with the performance of Landord's Improvements, as hereinafter defined, Tenant may access and occupy that portion of the Expansion Space outlined on Exhibit C (the "Early Access Space"), for the purpose of installing wiring, cabling and the conduct of Tenant's business. Access and occupancy of such Fatly Access Space shall be at Tenant's sole risk and Tenant agtees to vacate the Early Access Space if requested/required to do so prior to completion of Landlord's Work.
b. Terms and Conditions Applicable to the Expansion Space. Beginning of the Delivery Date and continue for the balance of the Lease Term (including any extensions), the Expansion Space shall be part of the Premises under this Icase (so that the term "Premises" in this Lease shall refer to Suite 320 plus the Expansion Space and shall consist of approximately 9,860 rentable square feet. Tenant's lease of the Expansion Space shall be on the same terms and conditions as affect Suite 320 from time to time. From and after the Delivery Date the Monthly Base Rent shall be as set forth in Paragraph 6, below Upon the Delivery Date Exhibit A to the Lease [Diagram of Premises] shall be replaced with a revised form of Diagram of Premises, attached hereto as Exhibit A, and incorporated by this reference.
As-Is Condition. Tenant shall case the Expansion Space in its "as is" condition, except that Landlord shall construct those improvements set forth on Exhibit B, attached hereto and :
incorporated by this teference. :
The Expansion Premises have not undergone an inspection by a Certified Access Specialist:
Security Deposit. Upon the Effective Date Tenant shall pay to Landlord the sum of Ten Thousand Five Hundred Five and 53/100 Dollars ($10,505.53) as additional security fot Tenant's full and faithful performance of its obligations under the Lease. Upon receipt of the Additional Deposit the Parties acknowledge that the amount of the Security Deposit held by Landlord is Thirly Two Thousand One Hundsed Seventy Three and 78/100 Dollars ($32,173.78).
Lease Amendment
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Pape 2 of8
є. Parking. Upon the Delivery Date Tenant's pro-tata share of Parking shall be increased to a total of twenty-nine (29) parking stalls, of which twenty (20) shall be allocated to the 2id floor surface lot, and the remaining nine (9) stalls shall be allocated to the ground level covered parking garage.
I. Confirmation of Terms. Landlord and Tenant shall, within fourteen (14) days after Landlord's delivery of the Expansion Space to Tenant, confirm in writing the addition of the Expansion Space to the Premises on the terms and conditions set forth in this section.
The written confirmation shall confirm:
i. The actual Delivery Date;
ii. The term Expiration Date;
ili. Tenant's Prorata Shate of 16.1%;
iy. The Base Rent Commencement Date for the Expansion Space; and v. Any other term that either patty teasonably request be confirmed with respect to the Expansion Space.
In no event shall any failure or refusal of either Landlord or Tenant to execute such confirmation affect the rights and obligations of Landlord and Tenant with respect to the Expatision Space.
6. Extension of Lease Term. Commencing on April 1, 2015 the Term of the Lease shall be extended to Match 31, 2020 (the Expiration Date).
7. Base Monthly Rent: Commencing on March 1, 2015, Base Montkly Rept shall be as follows:
Match 1-31, 2015 $16,926.00
April 1 - 30, 2015 $30,169.00
May 1, 2015 - March 31, 2016 $31,915.00 per month
April 1, 2016 - March 31, 2017 $32,901.00 per month
April 1, 2017 - March 31, 2018 $33,817.25 per month
April 1, 2018- March 31, 2019 $34,901.85 per month
April 1, 2019 - March 31 2020 $35,916.70 per month
8. Option to Renew. The phrase "with respect to either 320 or Suite 380, or both Suites" is stricken from Paragraph (a) of Exhibit I, the "Option to Renew" so that the provision shall appear as follows: :
"(a). Option. Tenant shall have the right to extend the Terra (the "Renewal Option") for one (1) additional period of Five (5) Years (the "Renewal Tero"). The Renewal Options shall be exercisable if: ...."
9. Representations and Warranties. Tenant hereby represents, warrants, and agrees that: (a) there exists 10 breach, default, or event of default by Landlord under the Lease, ot any event or condition which, with notice or passage of time or both, would constitute a breach, default, or event of default by Landlord under the Lease; (b) the Lease continues to be a legal, valid, and binding agreement and obligation of Tenant; and (C) Tenant has no current offset or defense to its perfosmance or obligations under the Lease. Tenant hereby waives and releases all demands, charges, claims, accounts, or causes of Lease Amendment
Rev, 02/03/15
action of any nature whatsoever against Landlord or Landlord's members, officets, employees ot agents, including without limitation, both known and unknown demands, charges, claims, accounts, and causes of action that have previously arisen out of or in connection with the Lease.
10. Counterparts, This Amendment may be executed in counterparts, each of which, when so executed shall be deemed to be an original, and such counterparts together shall constitute and be one and the same instrument. The parties agree that if the signature of any party to this Amendment is not an original, but is a digital, mechanical or electronic reproduction (such as, but not limited to, a photocopy. fax, e-mail, PDF, Adobe image, IPEG, telegram, telex ot telecopy), then such digital, mechanical ot electronic reproduction shall be as enforceable, valid and binding as, and the legal equivalent to, an authentic and traditional ink-on-paper original wet signature penned manually by its signatory.
11. Afflemation: Except to the extent modified herein, all terms and conditions of the Lease Agreement shall remain unchanged.
LANDLORD: TENANT:
Woodstock Development, Inc., a Califorhia City of Sat Mateo, a municipal corporation of corporation the State of California
By: Matt?
By: _
Name Printed: Kirk C. Sy Name Printed: Matt Bronsen
Title: President Tide: City Manager /Assistant City
Date: February 18, 2015 Manager
Name Printed: Cato A. Arellano
Title: Assistant City Attorney
Date: February 12, 2015
... ..
Lease Amendment
Rev. 02/03/15
Exhibit A
Diagtam of Premises
DEMOLITION PLAN
BREAK RM
RECEPTION
OPEN OFFICE OFFICE REMOVE (E)
UPPER DABINET
BREAK RM
1=5=
OFFICE
SERVER
ENTRY
OFFICE
RECEPTION OPEN OFFICE
-EXISTING DOOR TO BE REMOVED TO MEET
OFFICE
F=F=9
OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE CONF RM
alla
NORTH
1 DEMOLITION FLOOR PLAI
ALE: 1/8" = 1.
Lease Amendment
Rev. 02/03/15
BREAK RM
31-8
2-0*
IN
VCT
10 FOONG
(N) CARPET
OPEN OFFICE (N. CONF RM HALLWAY
(NO CARPET (N CARPET
ENTRY ITH VIGION PAN I MSICH PANEL
OFFICE
(NO CARPET
RECEPTION
(N CARPET
OPEN OFFICE
OFFICE
(N CARPET -CARPET
OFFICE OFFICE
(N CARPET (N) CARPET
CONF RM
(N CARPET
NORTH
2 PROPOSED FLOOR PLAN
SCALE: 1/8" = 1-0%
Lease Amendment
Rev. 02/03/15
Exhibit B
Landlord's Improvements
Fot the benefit of Tenant Landlord shall construct certain improvements in the Premises generally described as demolition and construction of walls and tixtures, including all affected electrical and mechanical equipment; new paint and carpet, and installation of new cabinetry in the kitchen area (Landlord's Improvements"); generally depicted below, and shown in Exhibit A and further desctibed on that certain project bid dated February 3rd, 2015, prepared by All Bay Contractors Inc and attached hereto as Exhibit B-1.
Landlord's Improvements shall be performed by licensed contractors, in good and workmanlike manner and shall comply with all applicable Laws, including, but not limited to Chapter 3.61 Prevailing Wages of the San Mateo Municipal Code, the Americans with Disabilities Act of 1990, state building codes (24 CCR), as adopted and modified by the City of San Mateo, and contained in Title 23 of the San Mateo Municipal Code, and if reguired by the applicable regulatory body, Title 24..
Following Substantial Completion of Landlord's Improvements Tenant will reimbutse Landlord within thirty (30) days of written request from Landlord, the hard and soft costs, permitting fees and approvals, construction management fees, incutred by Landlord in the construction of Landlord's Improvements.to the extent such costs exceed Fifty Two Thousand Five Hundred Twenty-six Dollars ($52,526.00)_(the "Tenant Improvement Allowance"). Landlord will also make available to Tenant and additional allowance of up to Six Thousand Fire Hundred Dollars ($6,500.00) specifically for any fire and life safety upgrades pertaining to the relocation of any hotns or strobe lights within the Premises (the "Fite Life Safety Allowance"). The Fire Life Safety Allowance, if used, will be paid by Tenant to Landlord upon presentment of a final invoice from Landlord.
Tenant expressly acknowledges that the Tenant Improvement Allowance will not be sufficient to pay all of the costs of construction of Landlord's Improvements.
For purposes of this Exhibit B, "Substantial Completion" shall occut upon the completion of construction of Landlord's Improvements in the Premises pursuant to the Februaly 3rd, 2015_bid, with the exception of any punch list items..
Lease Amendment
Rev. 02/03/15
EXHIBIT B-1
ABCI
All Bay PROPOSAL: 004960 DATE: 01/12/15
Contractors, Inc. 1900 O'Farrell » 325D
43233 Osgood Ra. Fremont, GA 94539 REV D 2-3-14
Phone: (650) 298-0577 * Fox (650) 298-0588
CLIENT: 944 PROJECT: 41133
Woodstock Development 1900 O'Farrell - 325B
William Syme 650.576.4236 Suite 325 Ti
330 Primose Road 1900 O Farrell Street
Burlingame, CA 94010 San Mateo, CA 94402
Thank you for the opportunity to bid this project. Our proposal includes only the Items listed below. Additional work will be performed upon approval of "Additional Work Authorization".
Alternate; Not included in base proposal
1) Fire life safety - allowance; $6,500.00
Not included;
1) Cleaning of registers
2) New door hardware
3) Above ceiling repairs
4) Building or fire department requirements
5) ADA improvement
6) Title 24 lighting controls (price can range from $8 - $10 per square foot) 7) Fire sprinklers
8) Any work not listed below
DIRECT JOB EXPENSE
General Conditlons - Insurance. -5,098
Permit Fee Allowance......-.---- --2,000
Other Fees - NIC.
Project Manager. -_542
Supervision. - 1,445
Project Close Out 223
Architect Fees 3,000
Progressive & Final Clean Up 1,360
Not Including Windows
004960 01/12/15
Clean Windows & Blinds.... ..809
New Item 1-29-15
DEMOLTION/SITE WORK
Demolition - Dump Fees. -9,387
1) Wall demo
2) Doors and sidelights
3) Flooring
4) Limited ceiling demo
5) Millwork
6) Debrls clean up and haul off
7) Dust control and protection
8) Demo additional office 1-9-15
ADA Improvements- 6,864
20% of New Construction
New Construction = $34,320.00 x 20% = $6,864.00
CARPENTRY
Cabinetwork . 5,538
1) New upper & Lower ADA cabinets added 1-9-15
2) Delivered to site by D&L, installed by ABCI
THERM/MOIST PROTECT
Insulation.. __677
1) Insulate new walls added 1-9-15
DOORS & WINDOWS
Doors/Glass 1,002
1) Save (2) side lights to Include glass, vinyl, and frames 2) Move to storage location
3) Relocate 3 doors & frames added 1-9-15
Doors- -3,166
New Item 1-29-15
1) (2) Single light French doors in existing frame
FINISHES
Framing/Drywall. 7,259
1) Patch at Demo
2) Conference roon and office wall added 1-9-15
3) Fill opening in corridor added 1-9-15
4) Build soffit at area transition
Fill in Door in Hall. - 1,494
1) Price Includes a $600.00 wall paper patch allowance
Acoustical Ceilings- . 1,571
1) Minor grid repalr
2) Install new tile as needed
3) Ceiling seismic upgrade not included
004960 01/12/15
Floor Covering... ... 18,564
Based on 3,740 SF
1) 445 SY carpet tile (Shaw Transparent) @ $30.00 per yard $13,350.00 2) 4" Rubber base $1,780,00
3) Price subject to field verification
Idea Paint-Wall Prep-Trays...
Now Item 1-29-15 Delete 2-3-15
1) Trays to be full wall length
Interior Paint. --7,616
1) Painting using ZERO VOC low odor paints
2) Protect surfaces that do not paint
3) Prep & paint existing walls to remain
4) Door & sidelite frames not included
5) Walls added 1-9-15
N.1.C.: Paint to doors, OT
SPECIALTIES
Signs - NIC
FURNISHINGS
Window Covering - NIC
Window Film - NIC
MECHANICAL
Plumbing- -3,499
1) Terminations at break room
2) New ADA sink added 1-9-15
3) No dishwasher included
4) (1) Disposer - New item 1-29-15
- 759
HVAC - Remount Exist. T-Stats. HANUA-------
Fire Sprinklers - No Work
PAA-LA
1) Evaluate after demo
Fire Alarm System - Allowance.........
Design Plans Permits Devices
1) See alternate 1 above
ELECTRICAL
Electrical. -7,114
1) Keep lights in existing locations
2) Rewire lights to existing switching
3) no new power
4) No Title 24
5) Safe-off at demo
6) New office and conference room added 1-9-15
Electrical - New Item 1-29-1......... _ 553
Disposer Switch/Power
004960 01/12/15
Electrical - New Item 1-29-15....... 4,892
(1) (5) Furniture partition circuits from panel L3A - A1 Electrical. -7,663
New Items 1-29-15
1) Power & data @ 56" AFF in (2) conference rooms
2) (7) 110 Volt out lets
3) (11) Data ring & string
4) CIrcult above from Sulte 320 panel
Telecommunications - No Work.-
FEE
Contractor Fee... - 3,059
TOTAL BID: $105,154
ales Assed.
Signed: Approved For Contract:
ABCI Client
Date: 01/12/15 Date:
Title: President Title:
Exhibit C
The Early Access Space
BREAK RI
1508
OPEN OFFICE COME RH MALIDAY
# CARPET DARNET
Crotor
OPEN OFFICE
INS CHRPET
•CONE RE
- IN CARPET
Lease Amendment
Rev. 02/03/15
Fiscal Year 15/16 Lease Costs:
General Engineering PMO
5460 SF 4400 SF
10-4662-01-5221 469981-46000-1884-18151 TOTAL
Rent July 2015 $ 17,417.40 $ 14,497.60 $ 31,915.00
August 2015 $ 17,417.40 14,497.60 31,915.00
September 2015 $ 17,417.40 14,497.60 $ 31,915.00
October 2015 17,417.40 $ 14,497.60 31,915.00
November 2015 $ 17,417.40 14,497.60 $ 31,915.00
December 2015 $ 17,417.40 $ 14,497.60 $ 31,915.00
January 2016 $ 17,417.40 $ 14,497.60 $ 31,915.00
February 2016 $ 17,417.40 $ 14,497.60 31,915.00
March 2016 $ 17,417.40 $ 14,497.60 $ 31,915.00
April 2016 $ 17,963.40 $ 14,937.60 $ 32,901.00
May 2016 $ 17,963.40 $ 14,937.60 $ 32,901.00
June 2016 $ 17,963.40 $ 14,937.60 $ 32,901.00
TOTAL $ 210,646.80 $ 175,291.20 $ 385,938.00